People v. Lawson

• Decision Date: 26 February 2014
• Citation: 114 A.D.3d 962,980 N.Y.S.2d 586,2014 N.Y. Slip Op. 01340
• Parties: The PEOPLE, etc., respondent, v. Calvin LAWSON, appellant.
• Court: New York Supreme Court — Appellate Division

114 A.D.3d 962
980 N.Y.S.2d 586
2014 N.Y. Slip Op. 01340

The PEOPLE, etc., respondent,
v.
Calvin LAWSON, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Feb. 26, 2014.

[980 N.Y.S.2d 587]

Lynn W.L. Fahey, New York, N.Y. (Mark W. Vorkink of counsel), for appellant.

Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Anne Grady of counsel), for respondent.

PETER B. SKELOS, J.P., CHERYL E. CHAMBERS, L. PRISCILLA HALL, and ROBERT J. MILLER, JJ.

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered June 17, 2010, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that his conviction was not supported by legally sufficient evidence ( see People v. Hawkins, 11 N.Y.3d 484, 872 N.Y.S.2d 395, 900 N.E.2d 946;CPL 470.05[2] ). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to prove the defendant's guilt beyond a reasonable doubt. Moreover in fulfilling our responsibility to conduct an independent review of the weight of the evidence ( seeCPL 470.15 [5]; People v. Danielson, 9 N.Y.3d 342, 348, 849 N.Y.S.2d 480, 880 N.E.2d 1), we accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor ( see People v. Mateo, 2 N.Y.3d 383, 779 N.Y.S.2d 399, 811 N.E.2d 1053,cert. denied542 U.S. 946, 124 S.Ct. 2929, 159 L.Ed.2d 828;People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). Upon reviewing the record here, we find that the verdict of guilt was not against the weight of the evidence ( see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902).

Contrary to the defendant's contention, the Supreme Court properly denied his request to charge the jury on assault in the second degree as a lesser-included count of murder in the second degree. A court is authorized to submit a lesser-included offense to the jury “if there is a reasonable view of the evidence which would support a finding that the defendant committed such lesser offense but did not commit the greater” (CPL 300.50; see

[980 N.Y.S.2d 588]

People v. Butler, 84 N.Y.2d 627, 620 N.Y.S.2d 775, 644 N.E.2d 1331;People v. Scarborough, 49 N.Y.2d...